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Team Stargate

Team Stargate Terms and Conditions

1. Acceptance of Terms. Welcome Stargate Fan! You are on your way to becoming an official Team Stargate member. Before you can join Team Stargate, you must read and agree to the Terms and Conditions ("Terms") set forth below. Please note that these Terms are in addition to the Terms of Use , Privacy Policy and other policies that may be posted on this web site ("Site") from time to time and which also govern your participation on Team Stargate. By agreeing to these Terms, you are also agreeing to the Site's Terms of Use.

2. Eligibility. Participation on Team Stargate is open only to legal residents of the United States and Canada (excluding Quebec), who have attained the age of majority in their state or province/territory of residence, except employees of Metro-Goldwyn-Mayer Studios, Inc. ("MGM"), its affiliates and subsidiaries, and their contractors, distributors and agencies associated or involved with any Stargate property

3. Team Stargate Overview. Once you register to become a Team Stargate member by completing and submitting the registration form and completing and satisfying any additional requirements or verification procedures of MGM, MGM will send you the periodic official Team Stargate e-mail newsletter to the e-mail address you provide on your Team Stargate registration form. The newsletter will contain specific information about Stargate, including information and instructions for you to spread the word about Stargate. The information about Stargate may include a variety of features, discussion topics, inside information and other content relating to Stargate (the "Stargate Content"), such as tune into Stargate this week for a special guest appearance; check out the Stargate web site for a cool new sweepstakes; tell us who is your favorite Stargate character and why; or other fan discussion topics. The newsletter may direct you to post the Stargate Content on other science fiction, horror, TV and film web sites, forums, blogs, or other web sites ("Third Party Sites") for that week.

When you post Stargate Content on a Third Party Site, you must "sign" your post with "An official Team Stargate member." Thereafter, we will ask you to summarize your post for that week in a written report available on this Site and submit your report to MGM via this Site. Reports must be received by MGM by no later than the deadline specified by MGM. Of course, your participation on Team Stargate is always voluntary and you are under no obligation to post the Stargate Content or provide any reports. By agreeing to become a Team Stargate member, you are not becoming an employee of MGM.

4. Team Stargate Conduct. As a Team Stargate member, you are acting as a Stargate ambassador on the internet. It is therefore important and mandatory that you conduct yourself in a first class manner and that your actions not tarnish or otherwise negatively impact Stargate or MGM. As such, you agree to the following:

  • a. You will not materially alter the Stargate Content or otherwise add to, subtract from or make changes to the Stargate Content that distorts or obscures the original message;
  • b. You will not, as a Team Stargate member or otherwise, post on Third Party Sites any information in conjunction with the Stargate Content that infringes upon or violates the intellectual property rights or other rights of any other person or entity, violates any applicable laws or is defamatory, libelous, harassing, pornographic, or obscene;
  • c. You will not post, upload, transmit or otherwise make the Stargate Content available on any web site that: (i) engages in gambling or in illegal activities; (ii) contains obscene, pornographic, sexually explicit or otherwise inappropriate content, including, without limitation, content that is or may be threatening, abusive, degrading or hateful; or (iii) contains any other type of content or promotes any type of activity or behavior that MGM determines, in its sole discretion, could negatively impact Stargate and/or MGM;
  • d. If the newsletter directs you to post an opinion about Stargate, you will only post an opinion if it represents your bona fide and honest opinion at the time of posting. Should your opinion change any time thereafter, you will promptly have your opinion removed from the Third Party Sites;
  • e. The information you submit to us in your reports is true and accurately reflects your posting activities for the week;
  • f. While you may hold yourself out as a member of Team Stargate, you will not falsely state or otherwise misrepresent your affiliation with MGM;
  • g. You will abide by all rules, regulations and agreements posted on Third Party Sites and you will not post Stargate Content on Third Party Sites that prohibit such posting;
  • h. You will not use the Stargate Content in any manner except as set forth in these Terms; and
  • i. You agree to comply with all applicable laws, rules and regulations.

5. Rewards If you post the Stargate Content from ten (10) different newsletters on at least ten (10) different Third Party Sites and submit one (1) valid report for each of those posts (i.e., 10 total) within the applicable deadlines specified by MGM, we will send you a reward (selected by MGM in its sole discretion) in recognition of your Team Stargate participation. All information provided in your reports may be subject to verification by MGM. You may be required (in MGM's sole discretion) to sign and return a release within the time frame specified by MGM to receive a reward. Or, we may just send you a reward without any prior notification. Therefore, it is important that you provide and maintain accurate registration information. All claims and releases are subject to verification by MGM. If any reward notification or communication is rejected or returned or if you cannot be reached, MGM is under no obligation to provide the reward to you. You shall be solely responsible for all federal, state, provincial, territorial and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with claiming rewards.

6. License/Reservation of Rights. MGM hereby grants you a limited, revocable, non-transferable, non-exclusive license to use the Stargate Content for the sole purpose of participating on Team Stargate as set forth in these Terms and each Team Stargate newsletter. You will not assign, transfer, sell, license, sublicense or grant any of your rights to the Stargate Content. All rights in and to the Stargate Content are hereby expressly reserved to MGM or its designees without restriction. MGM reserves the right to revoke this license (in whole or in part) at any time and you agree that upon MGM's request, you will immediately cease using Stargate Content and, to the extent possible, remove the Stargate Content from each or all Third Party Sites to which you posted the Stargate Content as directed by MGM.

7. Indemnity. You agree to release, defend, indemnify and hold harmless, MGM and its divisions, subsidiaries, affiliates, and the respective officers, directors, employees, representatives and agencies of each ("MGM Parties"), from and against any and all claims or demands, including reasonable attorneys' fees and costs ("Claims"), arising out of: (i) your actual or alleged violation of these Terms, including, without limitation, any Claims arising out of Stargate Content that you have altered, added to, subtracted from or otherwise changed; and (ii) for injuries or damages of any kind sustained in connection with the use, acceptance, possession, use, misuse or awarding of any rewards. MGM reserves the right to exclusively control the defense or settlement of any claims. In any event, you will not settle any claims without MGM's prior written approval.

8. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,YOU AGREE THAT ANY REWARDS ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE REWARDS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

IN NO EVENT WILL THE MGM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE MGM PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED US $100. .

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF THE MGM PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO YOUR PARTICIPATION ON THE TEAM STARGATE, (INCLUDING WITHOUT LIMITATION THE STARGATE CONTENT AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH YOUR PARTICIPATION ON TEAM STARGATE) AND ANY REWARD PROVIDED BY MGM, EVEN IF FORESEEABLE OR EVEN IF THE MGM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Additional Disclaimers. MGM assumes no responsibility for any damage to your computer system as a result of accessing this Site or any Third Party Sites, participating on Team Stargate, receiving or using any Stargate Content or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, MGM has the right to modify, suspend, or terminate Team Stargate without any obligation to you.

10. Waiver of Equitable Relief. You acknowledge that, with respect to any claim by you relating to or arising out of any your activities as a Team Stargate member, including any reports submitted to us under these Terms or content you post on Third Party Sites, the damage, if any, caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the development, production, launch, advertising, distribution, exhibition or other exploitation of the Stargate Atlantis television show, or any other motion picture, television program, show, web site, property, production or materials owned or controlled by the MGM Parties and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

11. No Agency. These Terms, including your participation on Team Stargate, may not be construed as creating or constituting a partnership, joint venture or agency relationship between you and MGM.

12. Governing Law.

a. THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN: (i) THE VALIDITY AND INTERPRETATION OF THES TERMS, (ii) THE PERFORMANCE BY THE PARTIES OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER, AND (iii) ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS.

b. The parties hereby agree to submit any disputes or controversies arising out of or relating to any of these Terms or the breach thereof to a referee mutually selected by the parties (or if they cannot agree, to a judicial referee appointed by the Presiding Judge of the Superior Court for the County of Los Angeles) and appointed and serving pursuant to California Code of Civil Procedure Section 638 or any amendment, addition or successor section thereto, which referee shall sit in Los Angeles County, California, without a jury, and shall hear, try and determine all issues in the case, whether of fact or law, and report a statement of decision thereon; provided, however, that if prior to the appointment of the referee, either party desires to obtain a preliminary injunction, temporary restraining order or similar provisional judicial order or decree, the party may seek and obtain such order or decree from any court of competent jurisdiction located in Los Angeles County, California, but the foregoing shall not limit or affect the application of this subparagraph (B) to all other matters, including any other relief sought by either party with respect to the dispute or controversy giving rise to such judicial order or decree. The parties intend this general reference agreement to be specifically enforceable. If the parties do not agree upon the fees to be paid to the selected or appointed referee, the fees shall be fixed and paid, as if the reference to such referee were involuntary, pursuant to California Code of Civil Procedure Sections 645.1 and 1023. Any retrial of any issue shall be subject to the provisions of this Paragraph in the same manner as specified hereinabove.

13. Termination. MGM reserves the right, without notice or liability and at its sole discretion, to suspend or terminate your participation on the Team Stargate and to block or prevent future participation by you in Team Stargate for any reason, including, without limitation, your breach of these Terms or other conduct by you that MGM considers inappropriate. Upon demand by MGM, you must destroy all materials, including, Stargate Content, obtained from MGM and all related documentation. MGM reserves the right, without notice or liability and at its sole discretion, to cancel Team Stargate at any time, provided that MGM will issue rewards for any valid reports it receives within five (5) days after posting notice of cancellation of Team Stargate on this Site.

The effective date of these Terms is September 12, 2007